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"speaker_name": "Hon. Barua",
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"legal_name": "Ejidius Njogu Barua",
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"content": "In terms of appointments, there are several ways through which somebody can join a commission. One of the ways of getting into a commission is through appointment by the appointing authority. The other one is through competitive processes like those proposed here. As much as somebody is recruited through a competitive process, it does not mean that you deny other institutions their respective roles to play. That is why we need to bring some amendments during the Third Reading to ensure that the role of Parliament is not removed from this process of getting the commission in place as proposed by this Bill. There are two issues which the Bill is strong on. One of them is the reappointment of members of the Commission for a second term. I support that. If some members of the Commission are re-appointed - not necessarily all of them - the new team will carry along the institutional memory and very relevant experience. The other thing is that the reappointment will be based on performance. It is only for those who perform who should be re-appointed for a maximum of another term and not a second, third and fourth term. In my opinion, we should provide for reappointment for only one more term. Hon. Temporary Deputy Speaker, for people to perform, there must be a requirement. This Commission should be given a conducive environment and the instruments to carry out its mandate. One of them is giving the resources at the right time so that they do not have an excuse that they did not perform because they did not have money for this or infrastructure. On behalf of the people of Gichugu Constituency, I support the reappointment not for the entire Commission but some members of the Commission who have shown some competence. The Bill is concerned about the delay of presentation of reports to Parliament. This is a serious issue and there must be a cure for it. One cure for it that should be proposed is for this Commission to be given a timeline on when they should present their reports to Parliament. So that if they do not observe the timelines provided, they will be failing in their responsibility and they should be held responsible or culpable because everything is provided for them. Privatisation is very critical. This is because since Independence, the respective governments have been financing parastatals. These parastatals have been operating with a belief that by the end of a financial year they would get more finances to carry on. These parastatals have been operating without a profit motive; they have been operating without a motive to entrench within the institution elements of sustainability. Time for putting taxpayers’ money into a bottomless pit must come to an end. Time has come for parastatals that do not make profit within a specified time and do not display sustainability or cannot carry on with their duties and responsibilities and offer the same social and economic benefits to the intended beneficiaries; those that cannot survive after the withdrawal of Government funding and subsidy to be privatised or another solution found for them not to continue milking public finances. The other thing about the Bill are the consequential amendments which are meant to ensure that the Bill conforms to the Constitution such as replacing the word “Minister” with “Cabinet Secretary”. Basically, that cannot be opposed because it is trying to conform to the new Constitution. On quorum, the new proposals suggest that the quorum should be, at least, two-thirds, which means that the decisions of this Commission will be made by the majority. If the quorum level is lowered to an extent that you can have 50 or 40 percent making quorum, it will dilute the seriousness of the Commission. It will also make it possible for few people to collude, sit and make a decision which could be unfavourable to the State. So, I support the quorum issue. We can even raise it, if possible so that each and every member of that Commission makes a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}